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Before the
Federal Communications Commission
Washington, D.C. 20554
)
) File No. EB- 07-TC-578
In the Matter of
) NAL/Acct. No. 200832170010
AZ Prime One Mortgage Corporation
) FRN: 0017433095
)
FORFEITURE ORDER
Adopted: June 28, 2010 Released: June 29, 2010
By the Chief, Enforcement Bureau:
I. INTRODUCTION
1. In this Forfeiture Order ("Order"), we issue a monetary forfeiture in
the amount of $20,000 against AZ Prime One Mortgage Corporation ("AZ
Prime One") for willful and repeated violations of section
64.1200(c)(2) of the Commission's rules, by making telephone calls for
the purpose of delivering telephone solicitations to two residential
telephone consumers who had registered their telephone numbers on the
National Do-Not-Call Registry.
II. BACKGROUND
2. The facts and circumstances surrounding this case are set forth in the
Commission's Notice of Apparent Liability for Forfeiture and need not
be reiterated at length.
3. Section 64.1200(c)(2) of the Commission's rules generally prohibits
the delivery of telephone solicitations to residential telephone
numbers that are contained in the National Do-Not-Call Registry,
except in certain limited situations. On February 28, 2007, the
Enforcement Bureau ("Bureau") issued a citation to AZ Prime One,
pursuant to section 503(b)(5) of the Act, for delivering one or more
telephone solicitations for mortgage loans and refinancing to
residential telephone consumers who had registered their telephone
numbers on the National Do-Not-Call Registry, in violation of section
64.1200(c)(2) of the Commission's rules. The citation informed AZ
Prime One that within 30 days of the date of the citation, it could
either request an interview with Commission staff, or provide a
written statement responding to the citation. AZ Prime One did not
request an interview or otherwise respond to the citation.
4. Following the issuance of the citation, the Commission received at
least two complaints from consumers alleging that AZ Prime One had
delivered telephone solicitations to residential telephone consumers
who had registered their telephone numbers on the National Do-Not-Call
Registry. These violations, which occurred after the Bureau's
citation, resulted in the issuance of a Notice of Apparent Liability
for Forfeiture against AZ Prime One on May 2, 2008 in the amount of
$20,000. The NAL ordered AZ Prime One to either pay the proposed
forfeiture amount within thirty (30) days, or submit evidence or
arguments in response to the NAL to show that no forfeiture should be
imposed or that some lesser amount should be assessed. AZ Prime One
did not respond to the NAL or pay the proposed forfeiture amount.
5. AZ Prime One did not respond to the NAL, and has accordingly failed to
identify facts or circumstances to persuade us that there is a basis
for modifying the proposed forfeiture. We are therefore not aware of
any mitigating circumstances to warrant a reduction of the forfeiture
penalty. For these reasons, and based on the information before us, we
hereby impose a total forfeiture of $20,000 for AZ Prime One's willful
and repeated violations of section 64.1200(c)(2) of the Commission's
rules and related orders, for the reasons set forth in the NAL.
III. ORDERING CLAUSES
6. Accordingly, IT IS ORDERED, pursuant to section 503(b) of the
Communications Act of 1934, as amended, 47 U.S.C. S: 503(b), and
section 1.80(f)(4) of the Commission's rules, 47 C.F.R. S: 1.80(f)(4),
and under authority delegated by sections 0.111 and 0.311 of the
Commission's rules, 47 C.F.R. S:S: 0.111, 0.311, that AZ Prime One
Mortgage Corporation IS LIABLE FOR A MONETARY FORFEITURE to the United
States Government in the sum of $20,000 for willfully and repeatedly
violating section 64.1200(c)(2) of the Commission's rules, 47 C.F.R.
S: 64.1200(c)(2), as described in the paragraphs above.
7. Payment of the forfeiture shall be made in the manner provided for in
section 1.80 of the Commission's rules within thirty (30) days of the
release of this Order. If the forfeiture is not paid within the period
specified, the case may be referred to the Department of Justice for
collection pursuant to section 504(a) of the Act. Payment of the
forfeiture must be made by check or similar instrument, payable to the
order of the Federal Communications Commission. The payment must
include the NAL/Account Number and FRN Number referenced above.
Payment by check or money order may be mailed to Federal
Communications Commission, P.O. Box 979088, St. Louis, MO 63197-9000.
Payment by overnight mail may be sent to U.S. Bank - Government
Lockbox #979088, SL-MO-C2-GL, 1005 Convention Plaza, St. Louis, MO
63101. Payment by wire transfer may be made to ABA Number 021030004,
receiving bank TREAS/NYC, and account number 27000001. For payment by
credit card, an FCC Form 159 (Remittance Advice) must be submitted.
When completing the FCC Form 159, enter the NAL/Account number in
block number 23A (call sign/other ID), and enter the letters "FORF" in
block number 24A (payment type code). AZ Prime One will also send
electronic notification to Johnny.Drake@fcc.gov on the date said
payment is made. Requests for full payment under an installment plan
should be sent to: Chief Financial Officer -- Financial Operations,
445 12th Street, S.W., Room 1-A625, Washington, D.C. 20554. Please
contact the Financial Operations Group Help Desk at 1-877-480-3201 or
Email: ARINQUIRIES@fcc.gov with any questions regarding payment
procedures.
8. IT IS FURTHER ORDERED that a copy of the Forfeiture Order shall be
sent by First Class mail and certified mail return receipt requested
to AZ Prime One Mortgage Corporation, aka HomePlaceLoans.com,
Attention: Kimberly Callan, President; Brian Ramsey, Secretary; and
Donald W. Hudspeth, Registered Agent, 7145 E. 1st St., Scottsdale, AZ
85251-5307 and 20601 N. 19th Ave. #100, Phoenix, AZ 85027-3587.
FEDERAL COMMUNICATIONS COMMISSION
P. Michele Ellison
Chief, Enforcement Bureau
AZ Prime One Mortgage Corporation, Notice of Apparent Liability for
Forfeiture, 23 FCC Rcd 7195 (Enf. Bur. 2008).
47 C.F.R. S: 64.1200(c)(2).
Citation from Kurt A. Schroeder, Deputy Chief, Telecommunications
Consumers Division, Enforcement Bureau, File No. EB-07-TC-578, issued to
AZ Prime One on February 28, 2007.
See 47 U.S.C. S: 503(b)(5) (authorizing the Commission to issue citations
to persons who do not hold a license, permit, certificate or other
authorization issued by the Commission or an applicant for any of those
listed instrumentalities for violations of the Act or of the Commission's
rules and orders).
See n.2 supra; see also 47 U.S.C. S: 503(b)(1).
47 U.S.C. S: 504(a).
(Continued from previous page)
(continued....)
Federal Communications Commission DA 10-1095
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Federal Communications Commission DA 10-1095